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SALEEM BUTT vs Dr — 2025 PLD 28 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2025 PLD 28 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2025
Reporter
PLD
Parties
SALEEM BUTT vs Dr
Subject matter
Civil
Provisions referred to
S. 42---C; S. 42; Specific Relief Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SALEEM BUTT VS Dr. AFNAN ULLAH KHAN S. 42---Constitution of Pakistan, Arts. 66 & 69---Suit for declaration---Proceedings of Parliament, challenging of---Negative declaration---Scope---Plaintiff challenged/impugned a Letter issued by Standing Committee of the Senate of Pakistan---Question was whether a negative declaration can be granted in exercise of S. 42 of the Specific Relief Act, 1877---Held, that precepts of declaratory relief are governed by S. 42 of the Specific Relief Act, 1877, and the sine qua non of seeking such a declaration is to demonstrate entitlement to a legal right---Suits seeking negative declarations are not appreciated by the Courts---No plaintiff can be permitted to seek relief in a suit which would frustrate the defendant(s) from initiating a remedy for redressal of its grievance; and a plaintiff cannot be permitted to seek an injunction against the defendant, restraining the defendant from seeking a remedy in law against the plaintiff and the plaint in such circumstances ought to be rejected---Relief under S. 42 of the Specific Relief Act, 1877 cannot be sought without demonstration of any legal entitlement, within the meaning thereof---Plaintiff had been unable to demonstrate any right to seek relief within the meaning of the statutory provision and no case had been made out to seek the negative declaration sought---Plaint merited rejection forthwith---Suit was dismissed accordingly.

Other judgments reported in 2025 PLD

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